Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

Larry Clairmore appeals from a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant, (OWI), second offense, and an order denying his motion to suppress. Clairmore contends that the arresting officer lacked both reasonable ...

“The court’s consideration of the lay testimony was particularly appropriate in this case where, as appellate counsel concedes, Meeks ‘can relate facts regarding his crime and can even answer questions about the historical facts,’ but where, appellate counsel asserts, Meeks ...

Arthur Browne appeals from a judgment granting a Writ of Restitution evicting him from apartment #1 located at 2705 West Courtland Avenue, Milwaukee, Wisconsin. Browne claims the trial court erred by issuing the writ even though the landlord failed to ...

“We also recognize, however, that there is a significant liberty interest at risk with respect to repeater sentence enhancements and that it is important that enhanced penalties be based on prior convictions that actually exist….. We therefore limit our holding ...

Jon Miller appeals a judgment convicting him of possession of cocaine and possession of a firearm by a felon, both as a repeat offender. He argues that the trial court should have suppressed the evidence seized at his home pursuant ...

“Dentici reported to jail on the same day that he was sentenced, was turned away due to overcrowding, and was, therefore, at liberty through no fault of his own. Accordingly, he is entitled to sentence credit for the intervening period ...

Michael L. Morris appeals from the judgment of conviction, following his guilty plea to sexual exploitation of a child, and from the order denying his motion for postconviction relief. In a series of somewhat vague and disjointed arguments, Morris contends ...

This is so because even though the implied consent statute provides an incentive for voluntary chemical testing, i.e. not facing civil refusal procedures and automatic revocation, voluntary testing is not the exclusive means that blood, urine or breath samples may ...

“Respondents Phillip Macht and the Circuit Court for Outagamie County move this court for reconsideration of its opinion in State ex rel. Seibert v. Macht, 2001 WI 67, 244 Wis.2d 378, 627 N.W.2d 881, for the limited purpose of revising ...

“The record before us contains no evidence that police created a coercive atmosphere in order to obtain Wallace’s consent, nor is there any evidence that they misrepresented their purpose or authority in making the request to search. … “Finally, in ...

“Holding Nippon Paper jointly and severally liable with the other four manufacturers, for the conspiracy’s entire sales, is compatible with Hanover Shoe, Illinois Brick, and Utilicorp. Certainly it does not undermine these decisions, which are themselves designed to improve deterrence. ...

The Wisconsin Department of Regulation and Licensing and the Wisconsin Veterinary Examining Board (the board) appeal from an order affirming discipline imposed against Jens Luebow but requiring the reduction of the $86,114.90 in costs imposed against him. Luebow cross-appeals pro ...

“Although Rosner was paid a higher salary, the record shows that Rosner worked at Family Health at least a year longer than Patt, and that Rosner had completed four years of post-residency work to Patt’s two years at the time ...

Frank Murphy appeals from a summary judgment dismissing his action for breach of contract against his former employer, Bruno Independent Living Aids, and his action for tortious interference against his former Bruno supervisor, Jerry Gnabasik. We conclude that Murphy failed ...

“The amended Galoob complaint alleged that the Hedeens sent ‘business letters’ on letterhead which included the Mirco Machines trademark and that this practice ‘created actual confusion, mistake and deception among the commercial public’ and resulted in ‘unlawful profits’ for the ...

Gary Campbell, a prison inmate, appeals from an order dismissing his action against Jerry Smith Jr., and Fred Melendez, two members of the Wisconsin Parole Commission. His complaint sought damages in tort for the respondents’ alleged violation of his due ...

“The collective bargaining agreement states, in words that could not be clearer, that the agreement supersedes all previous agreements between Midwest and the union. The settlement agreement was such an agreement. The fact that it had an additional party, Moffatt, ...

“Wis. Stat. § 55.06(11) ‘does not allow continued, multiple periods of detention upon repeated assurances that probable cause exists for the subject’s temporary, emergency detention.’ … “Here, … there was no compliance with the “\’time limits required by [the] statute ...

Local 1901-F, AFSCME, AFL-CIO, (the Union) appeals an order affirming a decision of the Wisconsin Employment Relations Commission. The commission found that Dallas Maass, an employee at the Brown County Shelter Care for juveniles, had sexually abused a resident of ...

Larry H. Anderson appeals an order of the circuit court amending his judgment of conviction. The court changed a $7100 payment ordered at sentencing from “restitution” to a “cost” under Wis. Stat. sec. 973.06(1)(am) (1997-98). For the following reasons, we ...

Rather, we conclude that because a bad faith claim is governed by a two-year statute of limitations, plaintiffs are entitled to pursue that claim notwithstanding the dismissal of their contract claim and may seek to recover “any damages which are ...

However, because the trial court erred in granting summary judgment for the school on the issue of bad faith, we remand for a new trial on whether the insurance company’s actions constitute bad faith. If the jury finds bad faith ...

Jayson Edwards appeals from a circuit court order which affirmed a prison disciplinary decision finding him guilty of attempted escape. He claims that the circuit court improperly construed his pleadings and failed to address several of the issues he raised ...

“Lynch would have a much stronger case if at the outset the judge had said, ‘This is an off-the-record settlement conference and no settlement arrived in it will be deemed final and enforceable.’ If the judge later ‘recollected’ that a ...

Although, since the appropriate remedy depends on the totality of the circumstances, a court must examine all of the circumstances to determine an appropriate remedy for that case, considering both the defendant’s and the State’s interests. “In the present case, ...

“The Sugdens contend that the anti-stacking clauses in their policies cannot fall within Wis. Stat. § 632.32(5)(f) because to do so would make other, more specific provisions in the statute, such as § 632.32(5)(g), ‘superfluous’ since all anti-stacking provisions could ...

John Burckhardt appeals an order which confirmed a sheriff’s sale following a foreclosure action on Burckhardt’s property. WMC Mortgage Corporation held the outstanding mortgage and successfully bid $84,144.06 for the property. Burckhardt contends: (1) he should have been granted a ...

“Viewing matters through the objective reasonableness standard, we conclude that, even taking the record in the light most favorable to the McNairs, a jury could not properly have found that Officer Coffey personally behaved unreasonably. Good practice may have called ...

“If a state provides adequate procedures for seeking just compensation, a property owner cannot state a claim under federal law until he has used those procedures and been denied compensation. City of Monterey v. Del Monte Dunes at Monterey, Ltd., ...

And this is so even though the labs technician has full clearances to all computer files in the district with confidential labor relations matters because the employee has never accessed such files and she has received no administrative directives to ...